DISPUTES AVOIDANCE AND SETTLEMENT PROCEDURES Clause Samples

The Disputes Avoidance and Settlement Procedures clause establishes a framework for preventing and resolving disagreements between parties during the course of a contract. Typically, it outlines steps such as negotiation, mediation, or other alternative dispute resolution methods that must be attempted before resorting to litigation or arbitration. By providing a structured process for addressing conflicts, this clause helps minimize disruptions, reduce legal costs, and maintain working relationships by encouraging early and amicable resolution of issues.
DISPUTES AVOIDANCE AND SETTLEMENT PROCEDURES. Grievances as a result of the implementation of this agreement shall be dealt with in accordance with the grievance clause contained in the Interim Award.
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DISPUTES AVOIDANCE AND SETTLEMENT PROCEDURES. 15.1 The objectives of these procedures are the avoidance and resolution of any disputes over matters covered by any part of this Agreement by measures based on the provision of information and explanation, consultation, cooperation and negotiation. 15.2 The procedures in this clause may be followed in the event that a dispute arises which relates to: 15.3 At any stage of this dispute procedure an employee may choose to be represented by a nominated representative. 15.4 The following procedures shall apply: 15.4.1 In the first instance the matter will be discussed with the relevant supervisor or manager in order to attempt to resolve the dispute. This process should not normally extend beyond 10 working days. During this period the matter may be referred to the ASCC 15.4.2 If the dispute is not resolved through the steps above, it shall be referred to the Director HR (or delegate) who shall attempt to resolve the matter and this should not normally take longer than 15 working days. Any resolution shall be in the form of a written agreement, subject, if necessary to ratification by either party to the dispute. 15.4.3 If the dispute is not resolved through the steps above the matter may be referred by either party to the dispute to the Fair Work Commission (FWC). The FWC may settle the dispute by mediation, conciliation, expressing an opinion or making a recommendation. All efforts will be undertaken to resolve the dispute at this stage, with the parties having regard to any recommendation or opinion presented by the FWC. If the conciliation process does not result in the resolution of the dispute, the FWC may then arbitrate the dispute and make a determination that will be binding. A decision that the FWC makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 15.4.4 Without prejudice to the position of either party to the dispute, while the matters in dispute are being dealt with in accordance with this clause, work shall continue in a normal manner (other than with respect to bona fide health and safety issues) and no industrial action is to be taken by any party to the dispute. 15.4.5 Nothing contained in this procedure shall prevent representatives of the Union or the University from intervening in respect of matters in dispute, should such action be considered conducive to achieving resolution. 15.4.6 The parties to the dispute agree to be bound by a dec...
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DISPUTES AVOIDANCE AND SETTLEMENT PROCEDURES. Disputes Avoidance and Settlement Procedures 5.1
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DISPUTES AVOIDANCE AND SETTLEMENT PROCEDURES. The objective of this procedure is the avoidance and resolution of any disputes over matters covered by this Agreement by measures based on the provision of information and explanation, consultation, co-operation and negotiation. Subject to legislation, while the dispute procedure is being followed, normal work is to continue except in the case of genuine safety issue. The status quo existing immediately before the change which gave rise to the dispute is to continue whilst the procedure is being followed. No party shall be prejudiced as to the final settlement by the continuation of work. There is a requirement for management to provide relevant information and explanation and to consult with the appropriate employee representatives. In the event of any disagreement between the parties as to the interpretation or implementation of this Agreement, the following procedures shall apply: (a) The matter is to be discussed between the employee(s) nominated representative or the relevant industrial organisation of employees, and/or the employee(s) concerned, where appropriate, and the immediate supervisor in the first instance. The discussion shall take place within twenty four hours and the procedure shall not extend beyond seven days. (b) If the matter is not resolved as per provision (a) herein, it shall be referred by the employee representative or the industrial organisation of employees to the appropriate management representative who shall arrange a conference of the parties to discuss the matter. This process shall not extend beyond seven days. (c) If the matter remains unresolved, it shall be referred to the employee and/or their nominee and the Director- General of Main Roads and /or their nominee for discussion and appropriate action. This process shall not exceed fourteen days. (d) If the matter is not resolved, then it may be referred by either party to the Queensland Industrial Relations Commission for conciliation, or if necessary, arbitration. In terms of the Industrial Relations Act 1999, the Commission is empowered by this Agreement to settle and determine any matters in dispute. Nothing in this procedure shall prevent the SBU from taking any action considered conducive to resolving the matters in dispute.
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DISPUTES AVOIDANCE AND SETTLEMENT PROCEDURES. Grievances as a result of decisions made in accordance with this agreement shall be dealt with in accordance with clause 2.3 of the Queensland Fire Service Interim Award. The parties to this Agreement acknowledge that the QFRA will be bound by service contract with external clients. As such, the QFRA must at all times be able to fulfill its obligations to such clients. Accordingly, the parties agree that industrial action taken for any other issue will exclude the limitation or banning of service or work to be performed under the terms of this Agreement. Signed for and on behalf of the ) Signed for and on behalf of the ) United Firefighters’ Union of ) Australia, Union of Employees, ) Queensland ) M ▇▇▇▇▇▇ In the presence of - ) ▇ ▇ ▇▇▇▇▇▇▇▇ Signed for and on behalf of the ) Queensland Fire Service Senior ) Officers’ Association, Union ) Of Employees ) ▇ ▇▇▇▇▇▇ This Agreement is certified under Chapter 2, Part 1 of the Industrial Relations Act 1999. Filed on, certified by the Commission and given Register No CA424/01 in the Certified Agreements Register.
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Related to DISPUTES AVOIDANCE AND SETTLEMENT PROCEDURES

  • DISPUTES SETTLEMENT PROCEDURE 9.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter (including a dispute about whether a workplace right has been breached) or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following manner: (a) The matter shall be first submitted by the Employee/s or his/her job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

  • Dispute Settlement Procedures The objectives of this procedure is to promote the prompt resolution of grievances by consultation, co-operation and discussion; to reduce the level of disputation; and to promote efficiency, effectiveness and equity in the workplace. a) In relation to any matter that may be in dispute, except matters relating to the actual or threatened termination of your employment, the parties to the dispute must firstly attempt to resolve the dispute at the workplace level, by: i) you and your supervisor meeting and conferring on the matter; and if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and ii) acknowledging the right of either party to appoint, in writing, another person to act on their behalf in relation to resolving the matter at the workplace level; and iii) agreeing to allow either party to refer the matter to mediation or other alternative dispute resolution process to be conducted by a person agreed between the parties in dispute on the matter; iv) agreeing that if either party refers the matter to alternative dispute resolution both parties will participate in the alternative dispute resolution in good faith; and v) agreeing that during the time when the parties attempt to resolve the matter: - the parties continue to work in accordance with their contract of employment unless you have a reasonable concern about an imminent risk to your health or safety; and - subject to relevant provisions of any state or territory occupational health and safety law, you must not unreasonably fail to comply with a direction by us to perform work, whether at the same workplace or another workplace, that is safe and appropriate for you to perform; and - the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. b) The parties to the dispute acknowledge that if we are unable to agree on the person to conduct the alternative dispute resolution process, either party can notify the Industrial Registrar. In this case, the Industrial Registrar will provide the parties with information about options to resolve the dispute.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site ▇▇▇▇▇▇▇ may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site ▇▇▇▇▇▇▇ shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • Disputes Settlement (1) Should any dispute arise as to the operation of this agreement and the parties are unable to resolve that dispute by amicable negotiation the parties shall refer such dispute to the Industrial Relations Commission for - (a) conciliation in the first instance and failing that (b) for arbitration. (2) Should any dispute arise as to the operation of a "training" agreement such dispute shall be resolved through the settlement mechanisms presented by the Industrial Training ▇▇▇ ▇▇▇▇.

  • Settlement Procedures (a) The collection of the Pool Receivables shall be administered by the Servicer in accordance with this Agreement. The Seller shall provide to the Servicer on a timely basis all information needed for such administration, including notice of the occurrence of any Termination Day and current computations of the Purchased Interest. (b) The Servicer shall, on each day on which Collections of Pool Receivables are received (or deemed received) by the Seller or the Servicer: (i) set aside and hold in trust (and shall, at the request of the Administrator, segregate in a separate account approved by the Administrator) for the benefit of each Purchaser Group, out of such Collections, (x) an amount equal to the Aggregate Discount accrued through such day for each Portion of Capital and not previously set aside, (y) an amount equal to the fees set forth in each Purchaser Group Fee Letter accrued and unpaid through such day, and (z) to the extent funds are available therefor, an amount equal to the aggregate of each Purchasers’ Share of the Servicing Fee accrued through such day and not previously set aside; (ii) subject to Section 1.4(f), if such day is not a Termination Day, remit to the Seller, ratably, on behalf of each Purchaser Group, the remainder of such Collections. Such remainder shall, to the extent representing a return on the Aggregate Capital, ratably, according to each Purchaser’s Capital, be automatically reinvested in Pool Receivables, and in the Related Security, Collections and other proceeds with respect thereto (each such reinvestment, a “Reinvestment,” and “Reinvest” shall have the correlative meaning); provided, however, that if the Purchased Interest would exceed 100%, then the Servicer shall not Reinvest, but shall set aside and hold in trust for the benefit of the Purchasers (and shall, at the request of the Administrator, segregate in a separate account approved by the Administrator) a portion of such Collections that, together with the other Collections set aside pursuant to this paragraph, shall equal the amount necessary to reduce the Purchased Interest to 100%, which amount shall be deposited ratably to each Purchaser Agent’s account (for the benefit of its related Purchasers and to be applied in reduction of their respective Capital) on the next Weekly Settlement Date in accordance with Section 1.4(c); provided, further, that if the Facility Termination Date has been extended pursuant to Section 1.11 and any Purchaser (or its Purchaser Agent) has provided notice (an “Exiting Notice”) to the Administrator, the Seller and the Servicer of such Purchaser’s refusal, pursuant to Section 1.11, to extend its (or its related Committed Purchaser’s) Commitment hereunder (an “Exiting Purchaser”) then such Collections shall not be Reinvested and shall instead be held in trust for the benefit of such Purchaser and applied in accordance with clause (iii) below;